For the past 12 months we have been on a thematic arc considering the meaning of “apply” in relation to trust income and capital. This has centred around Fischer v Nemeske Pty Ltd [2016] HCA 11 and the cases leading up to it. Prior to that the arc was on the nature of a beneficiary’s interest in a trust. One upcoming arc will be on the meaning of “pay”.

 

 

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